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PART VI.

PROCEEDINGS IN PROSECUTIONS.

Ordinary

CHAPTER XV.

OF THE JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES
AND TRIALS.

A.-Place of Inquiry or Trial.

177. Every offence shall ordinarily be inquired into and place of in- tried by a Court within the local limits of whose jurisdiction trial. it was committed.

quiry and

Power to

178. Notwithstanding anything contained in section 177, order cases the Local Government may direct that any cases or class of in different cases committed for trial in any district be tried in any

to be tried

Sessions
Divisions,

Accused triable in district where act is done or

Sessions Division:

may

Provided that such direction be not repugnant to any direction previously issued under the twenty-fourth and twentyfifth of Victoria, chapter 104, section 15, or under this Code, section 526.

179. When a person is accused of the commission of any offence by reason of anything which has been done1, and of any consequence which has ensued, such offence may be inwhere con- quired into or tried by a Court within the local limits of whose sequence jurisdiction any such thing has been done, or any such consequence has ensued.

ensues.

Illustrations.

(a) A is wounded within the local limits of the jurisdiction of Court X, and dies within the local limits of the jurisdiction of Court Z. The offence of the culpable homicide of A may be inquired into or tried either by X or Z.

2

(b) A is wounded within the local limits of the jurisdiction of Court X, and is during ten days within the local limits of the jurisdiction of Court Y, and during ten days more within or omitted, see sec. 4, cl. (w), supra, p. 64.

1

" Penal Code, sec. 299.

the local limits of the jurisdiction of Court Z, unable in the local limits of the jurisdiction of either Court Y or Court Z to follow his ordinary pursuits. The offence of causing grievous hurt to A may be inquired into or tried by X, Y or Z.

(c) A is put in fear of injury within the local limits of the jurisdiction of Court X, and is thereby induced, within the local limits of the jurisdiction of Court Y, to deliver property to the person who put him in fear. The offence of extortion committed on A may be inquired into or tried either by X or Y.

trial where

act is of

180. When an act3 is an offence by reason of its relation to Place of any other act3 which is also an offence, or which would be an offence if the doer were capable of committing an offence, a fence by charge of the first-mentioned offence may be inquired into or relation to tried by a Court within the local limits of whose jurisdiction other ofeither act was done.

Illustrations..

4

(a) A charge of abetment may be inquired into or tried either by the Court within the local limits of whose jurisdiction the abetment was committed, or by the Court within the local limits of whose jurisdiction the offence abetted was committed".

6

(b) A charge of receiving or retaining stolen goods may be inquired into or tried either by the Court within the local limits of whose jurisdiction the goods were stolen, or by any Court within the local limits of whose jurisdiction any of them were at any time dishonestly received or retained.

(c) A charge of wrongfully concealing a person known to have been kidnapped' may be inquired into or tried by the Court within the local limits of whose jurisdiction the wrongful concealing, or by the Court within the local limits of whose jurisdiction the kidnapping, took place.

reason of

fence.

181. The offence of being a thug, of being a thug and Being a committing murder, of dacoity, of dacoity with murder 10, thug or beof having belonged to a gang of dacoits 11, or of having a gang of dacoits,

1 Penal Code, sec. 320. 2 Ibid., sec. 383.

3 or omission, sec. 4, cl. (w), supra, p. 64.

* Penal Code, secs. 107, 108.

5 But where a foreign subject resident in foreign territory instigated in that territory the commission of an offence, which was in consequence committed in British India, it was held that he was not amenable to the jurisdiction of a British Court established under this Code, 10 Bom. H. C. 356; and see further as to the want of juris

, longing to

diction over foreigners in respect of
offences committed out of British India,
4 Bom. H. C., Cr. Ca. 38: 10 Bom, 186:
I Mad. 171: 5 Mad. 23. As to such
offences committed by subjects of Her
Majesty, see sec. 188, infra.

• Penal Code, sec. 410, as amended
by Act VIII of 1882, sec. 4. See 10
Bom. 186.

7 Penal Code, sec. 368.
8 Ibid., secs. 310, 311.
Ibid., sec. 391.
10 Ibid., sec. 396.
11 Ibid., sec. 400.

escaped from custody, etc.

Criminal

escaped from custody1, may be inquired into or tried by a Court within the local limits of whose jurisdiction the person charged is.

2

The offence of criminal misappropriation or of criminal misap- breach of trust 3 may be inquired into or tried by a Court propriation and crimi- within the local limits of whose jurisdiction any part of the property which is the subject of the offence was received by the accused person, or the offence was committed.

nal breach

of trust.

Stealing.

Place of inquiry or trial where scene of offence is

4

The offence of stealing anything may be inquired into or tried by a Court within the local limits of whose jurisdiction such thing was stolen or was possessed by the thief or by any person who receives or retains the same knowing or having reason to believe it to be stolen.

182. When it is uncertain in which of several local areas an offence was committed, or

where an offence is committed partly in one local area and uncertain, partly in another, or

or not in

one district only;

or where offence is

where an offence is a continuing one5, and continues to be committed in more local areas than one, or

where it consists of several acts done in different local continuing, areas,

or consists

it may be inquired into or tried by a Court having jurisof several diction over any of such local areas.

acts.

Offence committed

on a

journey.

Offences against

Railway,

183. An offence committed whilst the offender is in the course of performing a journey or voyage may be inquired into or tried by a Court through or into the local limits of whose jurisdiction the offender, or the person against whom, or the thing in respect of which, the offence was committed, passed in the course of that journey or voyage®.

184. All offences against the provisions of any law for the time being in force relating to Railways", Telegraphs 8, the

1 Penal Code, sec. 224.

2 Ibid., secs. 403, 404.

3 Ibid., secs. 405-409.
Ibid., sec. 378.

5 The Madras High Court has held
that an offence is not a 'continuing
one' unless a British Indian Court has
jurisdiction at the place of the incep-

tion of the offence, Mad. H. C. Pro., 31 Oct. 1876, cited by Henderson, P. 162.

See as to the former law on this subject, 25 Suth. Cr. 45: 1 Mad. H. C. 193: 13 Ben. Appx. 4.

7 Act IV of 1879.
8 Act I of 1876.

2

Post-office

Post-office1 or Arms and Ammunition may be inquired into Telegraph, or tried in a Presidency-town, whether the offence is stated and Arms to have been committed within such town or not provided Acts. that the offender and all the witnesses necessary for his prosecution are to be found within such town.

Court to

decide, in

185. Whenever any doubt arises as to the Court by which High any offence should under the preceding provisions of this chapter be inquired into or tried, the High Court within case of the local limits of whose appellate criminal jurisdiction the trict where offender actually is may decide by which Court the offence inquiry or shall be inquired into or tried.

In British Burma, when the offender is an European British subject 3, the Recorder of Rangoon, and in all other cases the Judicial Commissioner, shall, for the purposes of this section, be deemed to be the High Court.

doubt, dis

trial shall

take place.

issue sum

mons or

for offence

186. When a Presidency Magistrate, a District Magis- Power to trate, a Sub-divisional Magistrate or, if he is specially empowered in this behalf by the Local Government, a Magis- warrant trate of the first class, sees reason to believe that any person committed within the local limits of his jurisdiction has committed beyond local juriswithout such limits (whether within or without British India) diction. an offence which cannot, under the provisions of sections 177 to 184 (both inclusive), or any other law for the time being in force, be inquired into or tried within such local limits, but is under some law for the time being in force triable in British India, such Magistrate may inquire into the offence as if it had been committed within such local limits, and compel such person in manner herein before provided to appear before him, and send such person to the Magistrate having Magisjurisdiction to inquire into or try such offence, or, if such offence is bailable, take a bond with or without sureties for on arrest. his appearance before such Magistrate.

When there are more Magistrates than one having such jurisdiction and the Magistrate acting under this section cannot satisfy himself as to the Magistrate to or before

1 Act XIV of 1866.
2 Act XI of 1878.
3 Sec. 4, cl. (u).

VOL. II.

K

That he may issue process from a place in foreign territory, see I Bom. 340.

trate's

procedure

Procedure

whom such person should be sent, or bound to appear, the case shall be reported for the orders of the High Court.

187. If the person has been arrested under a warrant where war issued under section 186 by a Magistrate other than a Presiby Subor- dency Magistrate or District Magistrate, such Magistrate

rant issued

dinate

Magistrate.

shall send the person arrested to the District Magistrate to whom he is subordinate, unless the Magistrate having jurisdiction to inquire into or try such offence issues his warrant for the arrest of such person, in which case the person arrested shall be delivered to the police-officer executing such warrant, or shall be sent to the Magistrate by whom such warrant was issued.

If the offence which the person arrested is alleged or suspected to have committed is one which may be inquired into or tried by any Criminal Court in the same district other than that of the Magistrate acting under section 186, such Magistrate shall send such person to such Court.

Liability of 188. When an European British subject' commits an British offence in the dominions of a Prince or State in India in subjects for offences alliance with Her Majesty, or

committed

out of British India.

Political
Agent to

certify fit-
ness of in-
quiry into
charge.

when a Native Indian subject 2 of Her Majesty commits an offence at any place beyond the limits of British India,

he may be dealt with in respect of such offence as if it had been committed at any place within British India at which he may be found:

Provided that no charge as to any such offence shall be inquired into in British India unless the Political Agent, if there be one, for the territory in which the offence is alleged to have been committed, certifies that, in his opinion, the charge ought to be inquired into in British India :

Provided also that any proceedings taken against any person under this section which would be a bar to subsequent proceedings against such person for the same offence

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